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September
2001 Newsletter
Court
Case in November
The
next round in the court battle between the City and the
Federal government takes place in Ottawa on November 13
and 14 where the Federal Court of Appeal will hear arguments
about the April court decision that forbid the holding of
a federal environmental assessment.
If
you are able to attend these court sessions, please contact
Friends of Red Hill at 905-381-0240.
Federal
lawyers filed their written arguments in late August asking
that the appeal court "declare that the Canadian Environmental
Assessment Act applies to the Modified Project [the valley
expressway] and that an environmental assessment under the
CEAA is required."
Their
arguments noted in part that Justice Dawson erred in her
April decision in the interpretation of two sections of
the Act and ignored "both the ordinary meaning of the
words used in the sections and the scheme and purpose of
the Act." They contend that Justice Dawson's interpretation
"would preclude environmental assessment where proponents
have made irrevocable decisions with respect to their projects
before the coming into force of the Act, regardless of when
they seek a license from the relevant federal decision-makers"
and note that this is at odds with the purpose of the act
"which is to ensure that federal decision-makers, not
project proponents, undertake environmental assessments
before making decisions in respect of proposals."
The
federal submission also notes that Justice Dawson's interpretation
of the meaning of "initiation of construction"
would require federal authorities "to conduct and complete
an environmental assessment before any exploratory, design
or preliminary planning steps necessary to conduct an informed
and meaningful assessment were taken."
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